Rajasthan

Appearance

National Commission for Minorities ​

Establishment ​

  • 1978: Government of India established the Minorities Commission via an executive resolution.
    • Reason: To address the persistent feeling of inequality and discrimination among minorities, despite constitutional and legal safeguards.
    • Objective: To preserve secular traditions, promote national integration and ensure enforcement of safeguards.
  • Later: Felt necessary to grant the Minorities Commission statutory status.
    • Rationale: To enhance confidence among minorities and increase the Commission's weight with State Governments, Union Territory Administrations, and Central Government Ministries/Departments.
  • 1992: National Commission for Minorities Act enacted.
    • Result: The Minorities Commission became a statutory body, renamed the National Commission for Minorities.
    • First Statutory Commission: constituted in 1993.
  • The Commission is an autonomous body.
  • Administrative Control: Ministry of Minority Affairs, Government of India.
  • Definition of 'Minority': The Act does not define the term, but empowers the Central Government to notify communities as 'minorities'.
    • 1993: Centre notified five religious communities: Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis).
    • 2014: Jain community added to the list.

Composition ​

  • Multi-member body: Chairperson, Vice-Chairperson, and five members.
  • Nomination: By the Central Government from persons of eminence, ability, and integrity.
  • Requirement: Five members, including the Chairperson, should be from minority communities.
  • Salaries, Allowances, and service conditions: Prescribed by the Central Government (Ministry of Minority Affairs).
  • Term of Office: Three years for Chairperson and members.
  • Resignation: Can relinquish office at any time by addressing their resignation to the Central Government.
  • Removal: Central Government can remove the Chairperson or a member before the expiry of term under certain circumstances:
    • Becomes an undischarged insolvent.
    • Convicted and sentenced for an offence involving moral turpitude (in the opinion of the Central Government).
    • Declared of unsound mind by a competent court.
    • Refuses to act or becomes incapable of acting.
    • Absents from three consecutive meetings of the Commission.
    • Abuses official position, detrimental to the interests of minorities or the public interest (in the opinion of the Central Government).

Functions ​

Nine-point mandate of the Commission:

  1. Evaluate the progress of the development of minorities under the Union and States.
  2. Monitor the working of the safeguards for minorities in the Constitution and laws.
  3. Recommend measures for the effective implementation of safeguards.
  4. Look into specific complaints regarding deprivation of rights and safeguards.
  5. Cause studies on problems arising out of discrimination against minorities.
  6. Conduct studies, research, and analysis on socio-economic and educational development of minorities.
  7. Suggest measures to be undertaken by the Central Government or the State Governments.
  8. Make periodical or special reports to the Central Government on any matter pertaining to minorities.
  9. Look into any other matter referred to it by the Central Government.

Powers ​

The Commission has powers of a civil court when evaluating, monitoring, or inquiring into any complaint, specifically regarding:

  1. Summoning and enforcing attendance of any person from any part of India and examining them on oath.
  2. Requiring the discovery and production of any document.
  3. Receiving evidence on affidavits.
  4. Requisitioning any public record from any court or office.
  5. Issuing summons for the examination of witnesses and documents.
  6. Any other matter which may be prescribed by the Central Government

Report ​

  • The Commission submits an annual report to the Central Government.
  • It can also submit a report as and when it thinks necessary.
  • The Central Government places all such reports before each House of Parliament, along with a memorandum explaining the action taken on the recommendations.
  • The memorandum should also contain the reasons for the non-acceptance of any recommendations.
  • If a report relates to a matter concerning a State Government, a copy is forwarded to that State Government.
  • The State Government places the report before the state legislature, along with a memorandum explaining the action taken on the recommendations and the reasons for non-acceptance.